The vape buyer may be required to provide a passport

The Supreme Council adopted a package of legislations aimed at tightening the rules for the circulation of nicotine-containing products to protect the life and health of children and youth in final reading. Nicotine-containing products will now include nicotine-free liquid, which means vapes containing or not containing nicotine. Such a product is equated to tobacco; accordingly, all restrictions in force regarding tobacco consumption apply to nicotine-containing products. The main goal of the changes is to limit children and adolescents from vaping. It is prohibited to sell them to persons under 18 years of age. It will be prohibited to display tobacco and nicotine-containing products and devices for consuming nicotine-containing products in stores to potential customers.

Parliamentarians Galina Antyufeyeva, Gregory Dyachenko and Valery Babchinetsky initiated changes to the legislation. The authors of the law-in-draft note that mixtures that do not contain nicotine may include various dyes and food additives. The labels of modern electronic evaporators do not have clear composition and production information. The inscription “without nicotine”, “with strawberry flavor”, etc. is indicated, which is misleading about the harmlessness of these mixtures for the body at the same time.

According to medical statistics, the use of vapes and other smoking mixtures affects the bronchopulmonary system and leads to an increase in the number of heart attacks and lung diseases including in minors, especially in those who are genetically susceptible to them.

Changes aimed at tightening the rules for the circulation of nicotine-containing products were introduced into 7 laws: “On protecting the health of citizens from the effects of environmental tobacco smoke, the consequences of consuming tobacco and other nicotine-containing mixtures without tobacco”, the Code of Administrative Offences, “On the protection of children from information causing harm to their health and development”, “On the basic guarantees of children’s rights in the PMR”, “On advertising”, “On excise taxes”, “Special tax regime – simplified taxation system”.

The legislations were adopted in their final reading, taking into account the amendments of the Legislation Committee, which were of a clarifying nature. The norms will come into force 14 days after signing and official publication.

The main thing in the accepted norms:

– the name of the law on the protection of citizens’ health has changed. The PMR Law “On protecting the health of citizens from the effects of environmental tobacco smoke, the consequences of tobacco consumption and (or) consumption of nicotine-containing products” will be in force in the legal field;

– the concepts of what nicotine-containing products are introduced (this concept includes nicotine-free liquid), and the definition of nicotine-containing liquid and nicotine-free liquid is prescribed;

– the concept of devices for consuming nicotine-containing products is given. The law states that these are electronic or other devices that are used to produce nicotine-containing or nicotine-free aerosol or vapor inhaled by the consumer, including electronic nicotine delivery systems and devices for heating tobacco, as well as their components and elements (with the exception of medical products prescriptions and medicines registered in accordance with the legislation of the PMR);

– consumption of nicotine-containing products is equivalent to tobacco consumption;

– citizens should be informed not only about the dangers of tobacco consumption and the harmful effects of environmental tobacco smoke, but also about the harmful effects of substances released when consuming nicotine-containing products;

– the rights of citizens to a favorable living environment without environmental tobacco smoke and substances released when consuming nicotine-containing products are prescribed;

– a ban has been established on advertising and promotion of the sale of tobacco, tobacco products or nicotine-containing products, devices for consuming nicotine-containing products, hookahs, a ban on sponsorship of tobacco or nicotine-containing products;

– restrictions have been introduced on trade in tobacco products, tobacco products or nicotine-containing products, and devices for consuming nicotine-containing products;

– smoking tobacco or consumption of nicotine-containing products is prohibited in certain areas, premises and facilities. A sign banning tobacco smoking and consumption of nicotine-containing products is placed to designate areas, buildings and objects where smoking is prohibited;

– the sale of tobacco products or nicotine-containing products, hookahs and devices for the consumption of nicotine-containing products to minors and minors is prohibited. If the seller has doubts about the buyer reaching the age of majority, he is obliged to request a passport;

– the consumption of tobacco or nicotine-containing products by minors and the involvement of children in this process is prohibited;

– demonstration of tobacco products or nicotine-containing products and devices for consuming nicotine-containing products to the buyer in a retail facility is prohibited. It can only be carried out at the request of the buyer after familiarizing himself with the list of products sold. Such a list will contain information about tobacco or nicotine-containing products and devices for consuming nicotine-containing products. The text must be printed in letters of the same size in black on a white background and written in alphabetical order indicating the price without using any graphics or drawings;

– disciplinary, civil, and administrative liability is provided for violation of the law “On protecting the health of citizens from the effects of environmental tobacco smoke, the consequences of tobacco consumption and (or) consumption of nicotine-containing products”;

– amendments were made to the Code of Administrative Offences, thereby increasing liability for the sale of tobacco and tobacco products, nicotine-containing products, devices for the consumption of nicotine-containing products to minors.

Fine for citizens in the amount of 40 to 80 wages (from 736 to 1472 rubles), for officials and individual entrepreneurs – from 80 to 150 minimum wages (from 1472 to 2760 RUB), for legal entities – from 150 up to 300 minimum wages (from 2760 to 5520 rubles).

For repeated violation of an article of the Code of Administrative Offenses for selling these prohibited products to minors, the fine will be higher: for citizens in the amount of 160 minimum wages (2944 rubles), for officials and individual entrepreneurs – 300 minimum wages (5520 rubles), for legal entities – 600 minimum wages (11040 rubles).

– it was added in the law “On Basic Guarantees of the Rights of the Child in the PMR” that government bodies take measures to protect children from information, propaganda and agitation that are harmful to their health, including from advertising of nicotine-containing products or devices for consuming nicotine-containing products;

– the Law “On Advertising” prescribed a ban on demonstrating the processes of smoking tobacco or consuming nicotine-containing products, including using devices for consuming nicotine-containing products, and consuming alcoholic products. Advertising in radio and television programs and other media, in addition to tobacco products, includes advertising of nicotine-containing products and the use of devices for consuming nicotine-containing products;

– the law “Special Tax Regime – Simplified Taxation System” stipulates that individual entrepreneurs applying the simplified taxation system do not have the right to produce or sell tobacco products, nicotine-containing products, including devices for consuming nicotine-containing products.